Globe Church Incorporated v Allianz Australia Insurance Ltd [2018] NSWSC 1367

Supreme Court New South Wales

Medium Neutral Citation: Globe Church Incorporated v Allianz Australia Insurance Ltd [2018] NSWSC 1367 Hearing dates: 30 August 2018 Date of orders: 06 September 2018 Decision date: 06 September 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Order pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 28.2 that the following questions be determined separately from and prior to any other questions in the proceedings:

(a) In respect of any of the alleged damage to the Properties that occurred between 8 June 2007 and 31 March 2008, which (if any) of the plaintiff's claims in these proceedings in respect of the 2008 Policy accrued at the time of alleged damage, for the purposes of s 14(1) of the Limitation Act 1969 (NSW)?

(b) In light of the answer to (a), which (if any) of the plaintiff's claims in these proceedings in respect of the 2008 Policy for that damage are maintainable?

(2) Order pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 1.21 that these proceedings be removed into the Court of Appeal for determination of the separate questions.

(3) Costs of the Notices of Motion filed by the first and second defendants be costs in the determination of the separate questions provided that the plaintiff is not to be liable for more than one set of the defendants' costs.

(4) Stand the proceedings into the Registrar of the Court of Appeal's List on Wednesday, 19 September 2018. Catchwords: CIVIL PROCEDURE – separate determination of questions – UCPR r 28.2 – where appropriate – defendant insurers denied indemnity for damage suffered by plaintiff because inter alia proceedings were statute barred – whether limitation period commenced to run from time damage was suffered or from time indemnity was denied – order sought by all parties – when damage suffered not in issue – other relevant facts agreed and unlikely to be traversed at final hearing – considerable expense avoided if question determined favourably to defendants – separate determination ordered